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20ih CONGRESS 

Session. [ 130 ] 






il 



JHOM THE 



PRESIDENT OF THE UNITED STATES. 

WITH IKM.TME-VTS REEATLXG TO ALLEGED 

U^RESSIOXs ON TIIK RIGHTS OF CITIZENS OF THE UNITED STATES 

BT THE 

AUTHORITIES OP NEW BRUNSWICK, 



TERRITORY IX DISPUTE BETWEEN THE UNITED STATES AM, 
GREAT BRITAIN 



March 4, 1S2S. 
Printed by order of the Senate of the TIniM States. 



WASHINGTON: 

PKIWTED UV DUFF <,< 
1828. 



[130 ] 



To the Senate of the United States. 

Washington, March 3, 182S. 

In compliance with a resolution of the Senate, of the 3d of January 
last, requesting the communication of information in my possession, 
relative to alleged aggression on the rights of citizens of the United 
States, by persons claiming authority under the government of the 
Province of New Brunswick, I communicate a report from the Secre- 
tary of State, with a copy of that of the Special Agent, mentioned in my 
message at the commencement of the present session of Congress, as 
having been sent to visit the spot where the cause of complaint had 
occurred, to ascertain the state of the facts, and the result of whose in- 
quiries I then promised to communicate to Congress when it should be 
received. 

The Senate are requested to receive this communication as the ful- 
filment of that engagement: and, in making it, I deem it proper to 
notice, with just acknowledgment, the liberality with which the 
Minister of his Britannic Majesty, residing here, and the government 
of the Province of New Brunswick, have furnished the Agent of the 
United States with every facility for the attainment of the information 
which it was the object of his mission to procure. 

Considering the exercise of exclusive territorial jurisdiction upon the 
grounds in controversy, by the government of New Brunswick, in 
the arrest and imprisonment of John Baker, as incompatible with the 
mutual understanding existing between the governments of the United 
States and of Great Britain on this subject, a demand has been addressed 
to the provincial authorities, through the minister of Great Britain, for 
the release of that individual from prison, and of indemnity to him for 
his detention. In doing this, it has nol been intended to maintain the 
regularity of his own proceedings, or of those with whom he was asso- 
ciated, to which they were not authorized by any sovereign authority 
of this country . 

The documents appended to the report of the agent being original 
papers, belonging to the tiles of the Department of State, a return of 
them isrequested, when the Senate shall have no further ase for them. 

JOHN QUINCY ADAMS 



[ 130 ] 



The Secretary of State, to whom has been referred, by the Presi 
dent, the resolution of the Senate, of the third ultimo, requesting him 
to communicate to the Senate, (so far as may be compatible with the 
public interest,) any information in his possession, relative to anv al- 
leged aggression on the rights of the citizens of the United States bx 
persons claim.ng authority under the government of the Province- 
ot New Brunswick; has the honor to report herewith a copy of the 
ins ructions given to S B Barrell, who was deputed to collect infor- 
mation ,n relation to the subject mentioned in the resolution, and a 
copy ot his report made in conformity with them. 
All which is respectfully submitted. 

n . H CLAY. 

Department op State, 

Washington, 2 87 h February. 1828. 



f 130 ] 



Department op State, 

Washington, \9th November, 1827. 
To S. B. Barrell, Esq. 

Sir: Some difficulties having arisen on our North-eastern border, 
between the Government and people of New-Brunswick and the State 
of Maine, in regard to certain settlements within the territory mutu- 
ally claimed by the United States and Great Britain, the President is 
desirous of possessing information on particular points, which it is 
thought can be best acquired by sending some person to collect it on 
the disputed ground. He has accordingly authorized me to engage some 
person in this service; and as you have consented to accept it, I will 
now direct your attention to the particular points regarding which in- 
formation is desired. 

From the perusal of the affidavits,* copies of which you will i 
herewith, you will perceive that collisions have arisen between the 
British authorities of New-Brunswick and some of the settlers on the 
Madawasca and the Aroostook, branches of the St. Johns; that these 
authorities claim to exercise a jurisdiction over those settlements, al- 
though they are within the above disputed territory, and thai they 
have, in fact, exercised it in various ways, and finally by the arrest of 
an American citizen, by the name of John Baker, who, after being 
carried from his home some distance to Frederiekton, was there 1 . 
convicted, and sentenced to an imprisonment of six months, and the 
payment of a fine of £150. The President wishes to know when and 
by whom these settlements on the Madawasca and Aroostook were first 
made? Whether they were under American or British authority, or 
of French origin? By whom have they been governed? Have both 
the American and British governments exercised acts of jurisdi 
over them, or only one government, and which, exclusively? Have 
the settlers generally acquiesced in the exercise of thai authority, 
ther British or American, which has been extended over them? If 
these settlements were originally American, when did the British au- 
thorities first attempt to exercise jurisdiction over them? If they were 
originally British, when was an objection first made to the i 
British jurisdiction over them? And when was the right first asserted, 
if it has been asserted at all, to exercise authority from the St 
Massachusetts, or of Maine, over them? From what Government do 
the settlers deduce their land titles? If both from an American and 
a British source, from which has the greater number been obtained? 
Which are the oldest? 

You are also requested to inquire particularly into the causes of the 
arrest and condemnation of John Baker, and his pr nation, and 

* These affidavits were communicated to Congress at the opening of the i 

Session of Congress, with the President" s M, 



[ 130 ] 8 

to procure official copies of the process and judicial proceedings again>L 
him. It being alleged that he is confined in a loathsome and unhealthy 
jail, you will examine, as far as you can, into his condition; and for that 
purpose, if you shall deem it necessary, you will proceed to the place 
of his confinement, and apply to the proper authority for permission 
to sec- him, and to ascertain the circumstances of his situation. 

If it should turn out, upon investigation, that the above-mentioned 
settlements were made and have been governed under the authority of 
Massachusetts and Maine, or either of them, you will please to take 
(he affidavits of some three or four, or more persons, to establish that 
fact. 

Measures being in a course of adoption or operation to settle between 
the United States and Great Britain the question of right in the dis- 
puted territory, it is the wish of the Government of the United States, 
and it is professed to be that of the Government of Great Britain, that 
nothing should occur within the disputed territory, to disturb the har- 
mony between the two countries. We have inculcated forbearance and 
moderation on our side, and we are officially assured, that it has been 
and will be practised on the other. Should you have intercourse with 
any of the inhabitants of the disputed territory, you may explain to 
them this mutual understanding between the two Governments. \\ hilst 
measures are in progress to adjust, in a regular way, by the two Go- 
vernments themselves, the disputed boundary, abstenance from all 
acts of individual violence, and from all unnecessary collision, is the. 
interest on both sides. Such acts and collisions might retard, but are 
ol likely to advance, the work of amicable settlement between the 
two nations. 

You will proceed, in the first place, and before you go upon the dis- 
puted ground, to his excellency Enoch Lincoln, Governor of Maine, 
and explain to him, fully, the object of this commission. Von will 
8t of him such assistance and information in the execution of it, 
. s he may be able and think proper to render. A letter of introduc- 
tion to Governor Lincoln is herewith delivered to you; and I expect 
also to procure for you a letter of introduction to Sir Howard Douglas, 
the Governor of New-Brunswick, from the British Minister, which 
will be deliver! d or forwarded to you. 

The sum of 8300 dollars is now advanced to you, on account of 
your i On your return a reasonable allowance will be made 

for your services, and your reasonable expenses will, also, be reim- 
bursed you. 

f am, sir, 

&C . &C, "S:c. 

- gned] H. CLA1 



9 C iso ] 

REPORT OF THE SPECIAL AGENT 

-•nsfr i n ( ;i UnderS ^ n , ed 1 haS 1h - lu)nor to re P ort ' that [n pm»nce of the 
^ructions which he received from the Department of State, on ' 
19th day of November last, he proceeded to Portland, in the Stete f 

li hLp 't r JC - 0l hlflcom ™*>i<«Vand requested of him such 
,1>M l ;'" ' aud ^formation m the execution of it, as he was able and 
might think proper to render. J lis Excellency express! 'hi s readv 
romphance with the request of the undersigned and breply to a let 
^ addressed to him, the undersigned received the letter frbm hi, 
m"fe^^ 

t/oT n \w r |' a,Ul? {]u \ uuk ^T C,] P roceeded to Fredericton, the capi 
UT of .New-Brunswick, and the residence of Sir Howard Doud 

utnhls arrfv . ? FT ^P™*** to whom he transmit 
"Pan his arrival, a letter of introduction from the Minister of His 

In consequence of severe bodily indisposition, Sir Howard Doudas 
was unable to give the undersigned a personal interview* but 1 \ v 

B ntick ^hf h me(l ' b ? M ,hCr member8 ° f the gov-nmenl of Net 
^vcrnment- and £7" ^7 ""?*** M the representative of his 
TOvernment, and that any information, documentary or otherwise re 

^n° ir hr n '- w, ; ic " h , e d r ired ' shou,a be wS sas 

lette from tlJ IT n Frede ™ ton > th ^ undersigned receive,! a 

C ember2?d l&TT 7 S*™* ? lhe Province ' under fl » (e * De- 
cember 23d, which, together with a copy of his letter in renlv are 
herewith presented, marked D and E P 3 ' 

dersiln^'thP 1 D t e i Cen ? hcr ' th * Attor °ey General transmitted to the nn 
e sgned the letter herewith presented, and marked F, together with 

Zt\i°7 m T^ h[ ^ T ** herewith P-scnted/amT md 

recced fromTheAn- ^r™ ^ f^ D ° Cember ' the "ndersi^ed 
lecmed horn the Attorney General his Inter of that date, marked (' 

and which, with the accompanying documents, numberedZmlto 
10, inclusive, are also herewith presented. 

wirt Mr iS^SS 9 Whi ,' e ^ T de ? Ct0n ' had "P«W interviews 

Mtn Mr. John Baker, whom he found confined in prison at thai nl ice 
^conformity Wlth his instructions, he applied for permit £ 

If ifa SSTO " ° rdCT lhiU hC m,ght -»««nS circumstanl 
DurDoso Tho' V" ° p ^ rt : lmt >' was "^adily afforded him for that 
S r , a P. artment °* the prison in which Mr. Baker is co - 
fined ls of a description that precludes the possibility of render n' . 

nronrhtT/° rtab,e - ^ *» P ri80n ■*»* «"""• bJtar, as 

found in' fhP PnS ° nCrS D C0Illi ' 1, ment f °' debt The "ndersi, . 

Ztone^tT a ^ rt l" ent W ? h Mn Baker ' ;U1 individua l who\, 
mpnsoned at the suit oi a creditor. It is but justice to add, that the 

undersigned was informed by Mr. Baker, that both the High Sheriff 



[ 130 ] *0 

of the county and the keeper of the prison, had done all which, con- 
sistently with their dun they could do, to alleviate his situation and 
to render him as comfortable as circumstances would authorize. Ine 
undersigned was informed at Fredericton, that the prison had been re- 
cently presented by the Grand Jury of the county as a public nuisance. 
It will be found from an examination of the document No. 2) ac- 
companying the letter from the Attorney General of New-Brunswick 
to the undersigned, under the date of December 23d that the offences 
with which Mr. Baker stands charged, and lor which he is to be tried 
at Fredericton, are for exciting sedition among the French settlers at 
Madawaska, and endeavoring to obstruct the passage oi the British mail 
unon the river St. John. Mr. Baker is also imprisoned on Civil pro- 
C essatthesuitofRobertShear,residingiuLowerCanada. Heconij 
ed a iudement to Shear at Quebec, fur about two hundred and thirty 
pounds, in the year 1821, and upon this judgment the present suit is 
founded On the criminal suit be was required to find bail for his appeal - 
all ce in the sum of one hundred pounds, which he informed the under- 
signed he could readily obtain if he could be discharged from the civil 

F The S undersigned proceeded from Fredericton to Holton Plantation, 
, settlement within the acknowledged bounds of the Suite of Maine, 
and about twelve miles distant from Woodstock, upon the river St. 
John At this place he met with several of the settlers upon the 
Aroostook river, from whom he received all the information he soug 
respecting the first settlements uponthat river, and the causes oi re- 
cent disturbances among the settlers. 

The earliesl settlement upon the Aroostook was made about six 
, , ars ^mce The settlers are about forty in number— nine oi whom 
citizens of the United States, and the reside tish subjects. 

one of them has a gran, of land, cither irom the governmen t of 
the Province of New-Brunswick, or that ot the States of Massachu- 
setts or Maine; nor any other title to the land occupied, than tha. 
which arises from possession. Lewis Johnson and Chirle. ^son, 
born in the British Province of Nova-Scotia, and William M Urea, 
born in Ireland, were the earliesl settlers. 1 be disturbances which 
have taken i,!ac ( ., have been confined all i tusively to what is 
"7 med the frpper Settlement upon the Arooatqok, about thirty i 
^ m the mouth of the river. The settlers, Uy, are composed 

of individuals who have II. a from the British Provinces involved in 
,,,.,„ and probably with a view of avoiding their creditors, and who 
settled themselves upon the Aroostook under an ^7» M J e y 
, . ^1 they were going upon American ground, and doubtless 
In- he expectation that they should find themselves beyond the 
/., ( . h of t he laws of Great Britain. Of this description, as the under- 
,: „,l was informed, was William Dal tun, the md.vidua 1 whose 
sftemenl under oath, was transmitted to the Department oi stale in 
er last, and which has been productive of such i excitement in 
X^Softhe United States, and more espeeiallym the State of Mam* 
■, ,; 1M was born in the State of Maine: but tor some years tefore 
settled u„on the Aroostook, he resided m the Province of Ne* 



11 [ 130 j 

Brunswick, and at different places upon the river St. John, where he 
was engaged m the business of lumbering. Ii is said thai he failed in 
business, and left the Province of New Brunswick deeply involved in 
debt, and took up his residence upon the Aroostook river, where the 
undersigned has reason to believe lie would have remained to the ore- 
sent time ,1 he had found himself withoul the reach of his British credit- 
ors From information derived from other settlers upon the Vrnos- 
took, the undersigned is himself satisfied, and feels it to be his duty to 
report to the government, that the statement of Mr. Dalton, above 
aluded to, is substantially, and in every material point, absolutely 
false. 1 he facts respecting the taking away of Joseph Arnold's cow 
as represented by James Armstrong, one of the settlers, as well as bv 
Arnold himself, are briefly these: Arnold had exchanged a cow be- 
longing to him for another in possession of one William McCrea, and 
which the latter claimed as his property. The cow received from 
McCrea by Arnold, was subsequently taken from the latter b V due pro- 
cess of law. by one John Bradley, who claimed to be the owner of the 
cow. and who stated that he had sold the cow to McCrea, only condl 
twnalhj, and I that as McCrea had not complied with the terms of the 
contract, he (Bradley) was entitled to Ids cow again. Arnold applied for 
rebel to the magistrate by whom the writ of replevin had been issued 
under which the cow he had received from McCrea had been taken 
irorn him; but foiling to procure redress, he returned home, and told 
McCrea that he must either furnish him with legal evidence of his 
ownership in the cow which he had received from him, or return to 
him the cow which he had given in exchange for that which Bradlev 
had taken from bun. McCrea refused to deliver up the cow, but con- 
sented to leave the matter to be settled by referees. Referees were 
agreed upon by the parties, who decided that if McCrea, within a cer- 
tain spec.hed period, should not furnish Arnold with proof of his be- 
ing the own,-,- ol the cow which he had exchanged for that of Arnold 
that he should restore to Arnold the cow he had received from him' 
I he time prescribed having elapsed, and McCrea having neglected to 
furnish the prom required, and the cow received from Arnold I being 
jet m McCrea s possession, Arnold took the cow from McCrea and 
earned her tohisown house; thus exercising a summary act of justice 
not unusual it is believed, in communities like that at the Aroos to I ' 
McCrea pretended that he had sold Arnold's cow to one Michael Cum- 
mings, who he accompanied to the residence of Mr. Justice More 
house, and procured in his behalf a writ of replevin for the return of 

the animal. It was the service of , his writ that was n S , M || V r ,. sis ° t 

ed by the settlers (as stated in document No. 9, furnished Iwthe V- 

ornev General of New Brunswick,) and the cow has since remained 

n the possession ot Arnold. According to Dalton's statement the 

cow was taken away from Arnold, and the public arc fed £ infer 

was restored to McCrea. That part of Dalton's statement relative to 

he loss he sustained ,n removing from the Aroostook, was represented 

W^noTof tTfx r; V' Xa - rCrritCd - • A —trong states that hiTpro^ey 
was not of the value he represents it, a, -oscd of by him for a 

largeramountthanheacl Iges to have received. The concluding 



[ 130 j t« 

and most material part <>t his statement, that " for ihc last seven weeks 
the inhabitants of Aroostook settlement have been unwilling ami afrai 1 
to Bleep in their own houses^ and have retired to the lower part of the 
settlement^ and Bpent the night on the hanks of the river and in the 
woods, and Kept watch night and day as in an Indian war,'' is stated 
by others of the settlers to be absolutely false; and the fact is said to be 
that for two nights only, and when a force was expected to arrive at 
the settlement from Fredericton, sent thither by the government for 
the purpose of apprehending those who were concerned in the rescue 
of Arnold's row from the "constable, some of the settlers, to use their 
own term, " mustered together," and lodged one night in a barn, and 
one night in a house belonging to one of them. 

The undersigned deems it proper in this place to remark upon the 
testimony of Jonathan Wilson, whose statement was taken under oath, 
and transmitted to the government at the same time with that of Dal- 
ton's, that his statement is founded entirely upon hearsay testimony, 
which upon investigation has been ascertained, in every material re- 
spect, to be entirely unfounded. 

Civil process has been occasionally issued against the settlers upon 
the Aroostook by British magistrates, for three or four yea;- past, and 
during the last summer process for trespass and intrusion was issued 
al the instance of the Attorney General of the Province of New Bruns- 
wick, against the settlers generally, who were compelled to go to Fred- 
ericton and employ counsel in their defence. These suits are still 
pending. 

It was the intention of the undersigned, in conformity with his in- 
structions, to have gone from 1 loulton Plantation to the settlement upon 
the river Aroostook; but he was informed that a journey to that set- 
tlement, was, at that time, hazardous and almost impracticable, and it 
would have necessarily .produced in his progress great delay; and as 
he had seen at Houlton some of the settlers who appeared to be men 
of intelligence, and had received from them' the information which it 
would have been the principal object of his journey there to procure. 
he deemed it inexpedient to do so, and proceeded directly to the Mada- 
Waska settlement. 

This settlement derivesits name from the river Madawaska, which 
empties itself into the river St. John, about thirty-six miles above th< 
('.rand Falls, and about one hundred and sixty miles above Fredericton. 
I'be first settlers arrived soon after the treaty ofl7S3, and the first grant, 

which was "of fifty one several lots or plantations of land," was 
made to Joseph Muzeroll, and fifty-one other French settlers, in the 
month of October, 1790, by Thomas Carleton, Esquire, the then 
Lieutenant Governor of the Province of New Brunswick. The land 

granted lay at intervals between the river Verte and the Madawaska 
riven, nine m\\v< distant from each Other, and on both sides ol the 
riyer St. John. The second grant was of five thousand two hundred 
and fifty-three acres of land, lying below the river Verte, and was made 
to Joseph Soucer and others, by Lieutenant Governor Carleton, in 
August 17!»1. These are the only grants ever made by the British 
government within the settlement, excepting one to, Limo Hibert, ot 



13 [ 130 ] 

• wo hundred and fifty acres of land, opposite to and upon the river 
Madawaska, in .May, 1825. 

The laws of the Province of New Brunswick appear to have been 
always in force since the origin of that settlement. The settlers have 
aequiesced m the exercise of British authority, both civil and milifarv 
among them, and have for many years had an organized militia in the 
secernent In 1824 there were hut two companies of militia in the 
settlement. In 1826, three new companies were organized, and the 
number ■ ol enrolled militia now exceeds four hundred. The ponula- 
hon of Mad rwaska amounts to aboul two thousand, and is almost ex- 
clusively French. The Frenoh settlement commences a few miles 
above the Grand Falls, and extends to the Marigoumteaook for Mari- 
umphcookVereek. There was one French settler within the distance 
w ^ f*.mile from the mouth of that creek a1 the period when the ear- 
lie* of the American settlers went to reside there, and at the distance 
f abou «-«x miles further down .the river St John, there now resides 
J . ,s 'i : ' Mirfmt, a Frenchman, the wife of whom informed the under- 
' -her former husband settle I upon the spot where they now 
!,Vr" : ' ■ ; ' , l ' ;,, !^ ,!|, ' h . ouse lh 'T ^w occupy, about thirty years a^o 
the number ol American settlers is about twenty-five 

The un lersigned proceeded up the river St. John as far as the mouth 
oftheManumpIicook creek, which is about fifteen miles above the 
river MadawasKa. At the mouth of this creek is the residence of 
several ofthe American settlers, and among others is that of Mr. John 

w^ntl a" ■ rSlgne i, had ^ a,Kl unrese ™d communications 
with all the American settlers upon the river St. John; and from in- 
formation derived from them, corroborated in all material points from 
other sources, he is enabled to make the statement which follows re 
getting the or.g.n of the American settlement, and the causes of recent 
disturbances among the settlers. «*.em 

Nathan Baker, John Harford, and his son John Harford, Jr were 
the i .st American citizens who settled upon the river St. John with 
in the territory mutually claimed by the United States and Grit Br - 
tem. John Harford and his son, came in June, 1817, and we're fol- 
lowed, a few months afterwards, by Nathan Baker, and were all en- 
•dm the lumbering business. In the summer of 1S18 thev re 
moved their respective families from the Kennebec river. Baker es 
tabhshed himself at the mouth of the Mariumplicook, and Harford 
Jo* ***» miles further up the river St. John. The undesigned 
was informed by John Harford, that Nathan Baker formed a 'con- 
nexion in business with Mr. Samuel Nevers, a merchant of St John 
and under Nevers, who had obtained license from the government of 
New Brunswick, to cut timber, he engaged in the lumbering Ww 
In he summer ot 1819, a subpoena was served upon John Ha S 
Ovh.ch is herewith presented, and marked 11.) requiring him to ip- 
pe tr at Fredericton, to answer to a suit for trespass and intrusion oVi 
crown lands, instituted by the Attorney General. Similar process w as 
issued against his son, John Harford, Jr. and also against \ than Ba 
ker John Harford states that he went to Fredericton in obedience 
to the summons, and that he. together with Nathan Baker, submit- 



[ 130 ] 14 

ted to the authority of the -government of New Brunswick, and wert 
both permitted to return to their settlemi 

John Baker, the brother of Nathan Baker, was born in Moscow, 
in the county of Somerset, in the then district of Maine, in the year 
17-7. In 1816, he left the United States, and took up his residence 
in the province of New Brunswick, where he remained about two 
years, and then left New Brunswick for the province of Lower Cana- 
da, where lie resided about the same length of time. During the 
whole of tins period he was engaged in the lumbering business. In 
he left the British provinces, and went to reside with his bro- 
ther Nathan, at the Madawaska settlement, and engaged in the lum- 
bering business with him, under Nevers. In L^JL. Nathan Baker 
, and John Baker continued to carry on the lumbering business 
under Nevers. 

On the 4th of October, 1S25, deeds were given by the agents of 
the Slates qf Massachusetts and Maine, to John B 
con, two of the American settlers. Each deed was for one hundred 
acres of land, of which the grantees were previously in p 
and on the 10th of the same month, Bacon was authorized by the 
same agents to grant licenses to cut timber within the disputed territo- 
ry, as appears from the document herewith presented, and marked I. 
This authority was subsequently revoked.— The undersigned w 
formed by the settlers, thai John Baker had previously made applica- 
tion to the authorities at Frederieton, to become a naturalized British 
subject, and that he was actually upon his way to Fredericto 
the pu fining naturalized, when he met with the a- 

Massachusi tts and Maine, with whom he returned to the settlement, 
anil from whom he ently received a deed for the properly he 

then had in | Thej state also, thai in 1822 lie applied 

for, and received from the gov< rnmenl of New Brunswick, the boun- 
ty paid to those who raise grain upon lands recently cleared and 
cultivated : that Mr. Nevers, with the knowledge, consent and con- 
currence of Mr. Baker, had applied for a grant of the very tract of 
land for which Baker afterwards received a i\w>\ from tin- S 
Massachusetts and Maine, but the grant was refused by the Oovernot 
f New B d that Baker, and others of the settlers, both 

before lent to the period when dwd^ were given bj the 

agents of Massachusetts and Maine, voluntarily applied to the British 
authorities, lor the enforcement of the British laws among the Amer- 
ican settlers, both in civil and criminal matters. 

The fourth of July last was celebrated by the American settlersat the 
Madawaska. A Bag-staff was raised by them upon the land of John 
Baker, and tin- American flag displayed thereon. Many of the French 
settlers were invited to join in thi celebration, several of whom accept' 
ed the invitation :n^\ were present, and two assisted in the 
nl raisin- the American flag. Most of the American settlers partici- 
pated iii the proceeding of the day, and it was represented to th 
dersigned by others of the American settlers, that Mr. Baker was the 
principal personage among them, an I it was hewhopn 
bration and the raising of the American flag. A< 



15 [ 130 ] 

ered, and the party dined together at Mr. Baker's house. A hall in 
the evening at the house of Mr. Bacon, where were present, by invi- 
tation, many of the French' settlers of both sexes, concluded the fes- 
tivities of the day. 

On the day following, a paper was drawn up by one of the settlers, 
■which, it said, was dictated by Baker and Bacon. This document, as 
the undersigned was informed by several of the settlers, was in the 
form of by-laws; and the purport of it was, that the signers, in conse- 
quence of their great distance from their own government, thinking it 
expedient to form themselves into a society, and have laws of 
own. agreed that they would resist any further attempt to enforce the 
laws of Great Britain among them, and would make laws for them- 
selves. John Baker, James Bacon, and Daniel Savage, were constitu- 
ted a tribunal for the enforcement of law among them, with power to 
seize and sell property in satisfaction of debts contracted among the 
settlers. One of the settlers was appointed to the office of constable. 
These by-laws were to be in force for one year, unless sooner annul- 
led by the American government. This document, they state, was 
signed by most of the American settlers, and was offered for signature, 
and the contents explained to several of the French settlers, one of 
whom was induced to put his name to it. It was destroyed about a 
month afterwards. 

On the 11th August last, a suit was instituted before Mr. Justice 
Morehouse by Phineas R. Harford against James Bacon for a debt of 
about eight dollars due from Bacon to Harford. A writ was issued 
against Bacon by Mr. Morehouse, and delivered to a constable for ser- 
vice. It was the service of this writ which was successfully resisted by 
the American settlers, who rescued Bacon from the hands of the o ' 
and drove the latter, but without either threatening or attempting his 
rial injury, from the settlement. The debt was afterwards paid 
by Bacon to Harford. Baker is represented by the settlers to have taken 
rhe lead in this affair. The undersigned deems it scarcely necessary 
to add, that the proceeding of the settlers on the fourth and fifth of 
July last, and on the 11th of August following, were without the au- 
thority or knowledge of the Executive of the State of Maine. 

The undersigned recommended to the American settlers at Mada- 
waska, forbearance and moderation in their future, proceedings during 
the pendency of the existing negotiation between their government 
and that of Great Britain, in relation to the disputed territory; 
ing them, that if their conduct should be inoffensive and peaceable, 
they mighi rely upon the protection of their government. And he 
has the satisfaction to believe that reliance may be placed upon t ! 
surances he received from the settlers generally, that they would I 
after abstain from all acts of individual violence, and from all unm 
sary collision with the authorities of the neighboring province. 

All which is respectfully submitted. 

[Signed] S. B. BARRELS 

Washington, February Wth, 1826. 
To the Hon. Henry Cl ly, 

Secretary of S/< 



[ 130 ] M. 



A. 
Letter from Governor Lincoln to S. B. Barreli] 

STATE OF MAINE. 

Executive Department, 

Portland, Dec. 10//?, 1 
Sir: I have the honor, in reply to your letter received on the 8th 
instant) to state that the right to assert jurisdiction over the country 
watered by the Madawascka and Aroostook, however and whenever it 
may have been settled, commenced with the period of the first assign- 
ment of the boundary of Massachusetts. That right has been relied 
upon also by Maine, as an independent State, during the whole term of 
her existence in that capacity, and it seems to be her intention to main- 
tain, as far as the constitution will permit, the claim she has made. 
That the whole of the territory adjacent to New Brunswick, now in 
dispute under the provision of the treaty of 17SS, has been considered 
as American property, must have been a matter of notoriety throughout 
this country and the contiguous province. Indeed the claim made by 
that province to soil and jurisdiction northward and westwardlv of 
Mars Hill, is viewed as an astonishing novelty. The acts which are 
below noticed are regarded as having attached to them a constructive 
possession of the whole territory claimed, and as evidence of authori- 
ty over any settlements on the same. There was no occasion for 
more particular acts immediately applying toevery spot It is not be- 
lieved that British jurisdiction ever invaded the Aroostook until very 
recently. The instances of the special application of the power of the 
State governments, to which you advert, arc included in the following 
schedule. 

I am, with the most respectful consideration, 
Your obedient servant, 

ENOCH LINCOLN 
Samuel B. Barrell, Esq. 
I'ri ilcricton. 

P. S. Please to submit the contents to the inspection of Mr. Davice. 



B. 

Document uccompanying the letter from Gov. Lincoln to S. B. 

Barrell. 

ACTS OF MASSACHUSETTS. 

Grant to certain soldiers of Mara Hill, "on the eastern line of this 
Commonwealth." dated March 5th, 1501. 



17 [ 130 ] 

Same, to General William Eaton, " near the eastern boundary 
line" March 4th, 1806. 

Various other subsequent grants. 

The resolves under which the above grants were made, were pub- 
lished, and no remonstrance is known to have been o fie red bv the 
British government. There may have been previous acts of ju- 
risdiction; but there has not been time for an examination by which to 
ascertain them. 

ACT OF THE UNITED STATES. 

The census of the Matawaska settlement was taken in 1820, under 
the authority of the United States, and adopted by them as correct. 

ACTS OF MAINE AND MASSACHUSETTS. 

In 1822, Benjamin J. Porter of Topsham, was commissioned bv 
Governor King, and instructed to proceed to the Aroostook, and 
take into his possession any timber that might have been cut by tres- 
passers. 

In 1823, James Irish was commissioned by Governor Parris, and 
directed to proceed to the Aroostook and seize and take all such tim- 
ber as should be found cut by trespassers on said river, westward of the 
line between Maine and New Brunswick, which was done. 

In 1825, James Irish, Land Agentfor Maine, and George W. Coffin, 
Land Agent for Massachusetts, were directed by their respective 
States, pursuant to joint resolves passed by both States, to repair to the 
Matawaska settlements, and there convey such lands as might be ap- 
plied for. Pursuant to which authority said agents did bargain, sell, and 
convey to John Baker, and James Bacon, one hundred acres of land 
each, as will appear by said Baker and Bacon's deeds, dated October 
4th, 1825. Said agents posted up notice at the Catholic Church of 
their authority and intention to sell lands in the Matawaska settle- 
ment. Several applications were made to purchase. 

The States of Maine and Massachusetts now hold sundry notes of 
hand for timber, cut on the Aroostook by trespassers, with whom the 
agents have settled; and some money has been recencd. 



C. 

Letl>-r from Mr. Vaughan to Sir Howard Douglas. 

Washington, 20th Noveynker, 1S27. 

Sir: The Government of the United States having resolved to send 

Mr. S. B. Barrell to the State of Maine, and to the Province of New 

Brunswick, for the purpose of obtaining information in regard to the 

;nentson theMadawaskaandthe Aroostick — to the. ecent 



[ 130 ] IS 

disturbances there, and especially in respect to the late arrest, trial, 
and conviction of John Baker, I beg leave to present to you Mr. 
Barrell, and to request that he may receive from your Excellency every 
assistance in prosecuting the inquiries which he is commissioned by his 
Government to make. 

Mr. Barrell is also directed to procure copies of the process and ju- 
dicial proceedings which have been instituted against Mr. Baker, and 
I venture to solicit every indulgence in that part of his commission 
which your Excellency may be able to grant. 
I have the honor to be, 

With great truth and regard, 
Sir, 
Your Excellency's 

Most obedient 

Humble servant, 

CHAS. R. VAUGHAN 

His Excellency Sir Howard Douglas, Bar't, 
His Majesty' s Lt. Governor of New Brunswick, 8,-c. <$r. S,-c. 

Frcdericton. 



D. 

Letter from the Attorney Ge?ieral to S. B. Barrell. 

Fredericton, 21st December, 1827. 
Sir: Having received directions from his Excellency, the Lieuten- 
ant Governor, to furnish you with every information within my pow- 
er, which you may require in regard to the object of your present mis- 
sion to this Province, I beg you will have the goodness to favor me 
with the particulars of what you may wish, that I may perform the 
duty required of me by his Excellency, who has authorized me to be 
unreserved in any communication which I may make upon this occa- 
sion. 

I have the honor to be, Sir, 

Your most obedient servant, 

T. WETMORE, 

Attorney General 
Samuel B. Barrell, Esq. &c. &c. &c. 



E. 
Letter from S. />'. Hitrrcll to the Attorney General. 

Fredericton, 2\st December, 1S27. 
Sir: 1 have the honor to acknowledge the receipt of your letter, 
requesting me to designate particularly the information which I am 



19 [ 130 ] 

desirous to obtain on subjects connected with my mission to this pro- 
vince; and, in reply, I beg leave to state, that I have been requested to 
inquire particularly into the causes of the arrest of John Baker, and to 
procure official copies of the process and judicial proceedings against 
him. Any information, documentary or otherwise, which, in your 
opinion, may have a tendency to elucidate and explain the late pro- 
ceedings of the government of this province in relation to Mr. Baker, 
and with which you may think proper to furnish me, I will receive and 
convey to the Government of the United States. 
I have the honor to be, Sir, 
Your ob't servant, 

S. B. BARRELL. 
The Hon. Thomas Wetmore, 

Attorney General, fy-c. fyc. <$r 



F. 

Letter to S. B. Barrel/, Esq, 

Fredericton, 23d December, 1827. 

Sir: In compliance with the request contained in your letter of the 
21st instant, (which I had the honor to receive this day,) "to be in- 
formed particularly as to the causes of the arrest of John Baker, and to 
be furnished with copies of the process and judicial proceedings against 
him," I had prepared a number of papers, with an intention of con- 
veying the same to you, but finding by a Halifax paper, received by 
to-day's mail, that several of those papers had been communicated to 
Congress with the President's message of the 4th instant, it has be- 
come necessary for me to alter, in some degree, the arrangement I had 
previously made. 

The affidavits referred to in Mr. Vaughan's letter to Mr. Clay, 
were the foundation of the magistrate's warrant against Baker, Bacon 
and Studson, the three persons named therein. A copy of that war- 
rant, and the return endorsed thereon, I have the honor to send here- 
with, (marked No. 1.) Upon my return from the Northern Circuit, 
which happened after the commencement of the last term of the Supreme 
Court, I found the defendant Baker was in custody, against whom I 
exhibited an ex officio information, a copy of which accompanies this 
letter, (marked No. 2.) Upon which information he was charged, 
and to which he pleaded not guilt]/, and was committed until he found 
two sureties in £.50 each, to appear at the next term to take his trial. 
I well remember he named in Court one person who was approved of, 
but that person was not present, and he could not then name another. 
That cause stands for trial in the usual course, at the next term in Feb- 
ruary next. Previous to the preparing of the above-mentioned wsi 



[ 13<> ] 20 

rant, a report had been received from Justice Moi-ehou?* 
commi.>sion of a very high-handed riot ie, by a pai 

American citizens in the Madawaska settlement, but no affidavit ac- 
companied tin- report, and none reached me until the 26th of last month. 
I now re to reieryou to the inclosed Documents, (marked No 

3,) being copii s of the original report, and the affidavit o on the 

1 also of the affidavit, which was the foundation of the 
warrant to take James Bacon. Both of the parties in the a tit b 
the magistrate were American citizens, inhabitants ot .Madawaska. 

The want of sufficient information prevented me from proceeding 
against those rioters, who were, as you will perceive, healed by Baker, 
at the last term. A suit is also depending against Mr. Baker, for Ires- 

id intrusion. I herewith enclose copies of the proceed 
in, (marked No. 4.) He has nol yet entered his appearance. B 
prevented by the presenl indisposition of his Excellency, from having 
a personal interview with him, I avail myself of thi I direction 

given tome, to be unreserved in my communication to you. to enclose 
to you copies (marked No. 5. ) of certain documents, relating to similar 
conduct on the part of a late brother of John Baker and other American 
citizens in 1S18. Upon that occasion, suits were instituted by me for 
trespass and intrusion against Nathan Baker and John Harford and 
son, which suits, in consequence of their submission, were not further 
eded in. 
With great pleasure I also further avail myself of that general di- 
rection in sending to you copies (marked No. (j,) of the correspond- 
ence relating to the mode of executing the first mentioned warrant 
against John Baker, and others; as it will thereby manifestly aj 
how extremely desirous his Excellency has been, that the proceedings 
against those persons should be conducted in such a way as to avoid 
any just cause of complaint; in short, to have DO more done than was 
absolutely m i essary to preserve the supremacy of the laws, without 
which there would bean end of liberty and all personal security. 
I have the honor to be, 

Sir, your most obedient servant, 

T, WETMORE, 
Attorney Gen., New Brunswick. 
el B. Barrell, Esq. 

Agent from the U. States of America, $-c. fyc. fyc. 



G. 
ter to S. B. Barrell. 

KlNGSWOOD, NEAB FaKOKRICTOX. 

25th December, 1887. 
Sir: Prom the suggestions made at our conference yesterday, I now 
he honor of furnishing you with not only the copies of the do- 



i\ [ 130 ] 

eunients which L perceive hare already horn communicated to your 
government) and, on the 4th instant, submitted to Ci 
other papers which may have a tendency to give a true ■ Aon to 

those proceedings, which, partly from the want oi' correi ttion, 

hut principally from wilful misrepresentation, have produced i 
ments that have, in some degree, threatened the disturbance of the 
peace and harmony which have heretofore prevailed he: 
neighbors and us. The documents that accompanies this, are — 

1st A copy of my letter to Justice Morehouse, of the 31si Julj 
last, with copies of Adjutant Rice's letter to him of the 25th, and his 
letter to Mr. Secretary Odell, of the 2(Sth of the same month, rehiring 
to the conduct of Baker and others; in a lile marked No. 7. 

2d. Copies of the depositions of Feirio, Sileste, Chamberland, and 
Markee, made on the 7th, Sth, and 9th of August last, and Justice 
Morehouse's letter to me of the 1.1th of that month, with his list of 
American citizens settled in Madawaska; in a file marked No. 8. 

3d. Copies of Justice Morehouse's report to Mr. Secretary Odell, 
and the affidavit of Stephen McNiel, the constable, dated the 20th of 
last September, relating to a riot and rescue, and false imprisonment 
of the constable, by an armed party of thirteen men, principally British 
subjects, on the river Restook; in a file marked No. 9. 

4th. Copies of my letters of the 7th of last September, to the Sheriff 
of York and Justice Morehouse, relating to the issuing of process 
against Baker, Bacon, and Studson; and directing the manner of exe- 
cuting the same; marked No. 10. 

I have the honor to he, 

Sir, your most obedient ^r\ 

T. WETMORE, 
Attorney Gren. New Brunswick. 
Samuel B. Barrell, Esq. 

Agent of the United States, fyc. 8fC. 



Subpoena ad Respondendum . 

George the Fourth, by the Grace of God, of the United King- 
Tl. s.] dom of Great Britain and Ireland, King, Defender of the 

Faith, &c. to John Harford, Greeting: 

We command you that, laying aside all excuses whatsoever, you be 
and appear in your proper person, before our Justices of our Supreme 
Court for our Province of New-Brunswick, at Fredericton, on Satur- 
day next after the second Tuesday in July next, to answer to - 
concerning certain matters which our behalf shall be then and 
objected against you: And this you are by no means to omit, und 
penalty of one hundred pounds, which we will cause to be levied on 



[ 130 ] 22 

your goods and chattels, lands and tenements, to our use, if you ne- 
glect to obey this our present command. 

Witness: JONATHAN BLISS, Esquire, our Chief Justice 

of Fredericton, the twentieth day of May, in the first year of our reign. 

By the Justices. 

[Signed] ODELL. 

[Endorsed] 
At the suit of the Attorney General, for trespass and intrusion on 
the Crown Lands. 



[Signed] 



T. WETMORE, Attorney Gen' I. 



I. 

10/A October, 1825. 
ID Mr. James Bacon: 

Sir: We hereby authorize and direct you to ascertain the amount of 
timber that may be cut the approaching season upon the St John 
river, and upon the several streams and rivers emptying into St. 
John river above the Grand Falls; and where permits have been 
granted by us, settle with the holders of said permits, conformably to 
the conditions thereof; but where any persons have presumed to cut 
without our permission, or permission obtained from you upon the 
same terms, (a copy of one of said permits is here enclosed,) you 
will require such persons to pay fifty cents per ton for timber, and one 
dollar and twenty-five cents per thousand for boards: or, on refusing 
to pay as aforesaid, seize the logs and timber, and sell the same at pub- 
lic auction for the benefit of said Commonwealth and State, first giving 
thirty days public notice of the time and place of sale, by posting the 
advertisement at one or more public places within your district. 

GEO. W. COFFIN, 
Land Agent for the Commonwealth of Massachusetts. 

JAMES IRISH, 
Land Agent for the Stale of Maine. 



No. 1. 

Justice Morehouse's warrant against John Baker and two others. 

York. To the High Sheriff of the County of York, 

and his Deputies, and to all and singular the Con- 

[l. s.] stables of the respective towns and parishes in the 

same county, and to every one of them, 

Greeting: 

Forasmuch as it appears to me, George Morehouse, Esquire, one of 

His Majesty's Justices, assigned to keep the peace in and for the said 



23 [ 130 ] 

county, as well by the oath of Peter Markee and others, as upon my own 
view, that John Baker, James Bacon, and Charles Studson, all of th<> 
parish ol Kent, in the county of York, aforesaid, laborers, have been 
guilty of a high misdemeanor, by endeavoring to persuade and procure 
divers of the inhabitants of the said parish, His Majesty's loyal sub 
jects, to depart irom the allegiance which they owe to His said Ma- 
jesty, and in violently opposing the execution of the laws of the realm 
ol hngland and of this province within the said parish, and opposing 
and resisting the authority of His Majesty's Government there, and 
conspiring together to subvert His Majesty's authority and o vern- 
ment m that part of this province: These are, in His Majesty's n°ame, to 
command you, and every one of you, forthwith to apprehend the said 
John Baker, James Bacon, and Charles Studson, and brin<r them be 
tore me, the said Justice, at my dwelling house in the said parish to 
answer to the said charge, and further to be dealt with accord in i to 
law Hereot fail not at your peril. Given under my hand and seal, 
at the parish of Kent, aforesaid, the twenty-second day of September 
in the year of our Lord one thousand eight hundred and twenty-seven' 
and in the eighth year of the reign of His Majesty King George the 
rourtn. D 

[Signed] GEORGE MOREHOUSE, 

Justice of the Peace. 

I have taken the body of John Baker, and had him before Georo-e 
Morehouse, Esquire, on Tuesday, the twentv-fifth day of September 
who referred me to the Attorney General for examination. The said 
John Baker I have now in custody, to be dealt with as the law may 
direct. I he other offenders, Bacon and Studson, could not be arrest- 
ed. 

[Signed] E. W. MILLER, Sheriff. 

No. 2. 

Copy of Information agai?ist John Baker for a Misdemeanor, 1 3th 

October, 1S27. 

NEW BRUNSWICK ? Michaelmas Term, in the eighth year of 

Supreme Court. $ the Reign of King George the Fourth. 
i ORK, to wit: 

Be it remembered, that Thomas Wetmore, Esquire, Attorney-Gene- 
ral ol our sovereign lord the now King, for His Majesty's province oi 
New Brunswick, who for our said lord the King prosecutes in this he- 
hall m his own proper person, comes here into the court of our said 
lord the King, before the King himself, at Fredericton, in the county 
01 > ork, on Saturday next after the semnd Tuesday in October in this 



[ i3d ] - ' 

. :a U*A tkp TCinff eives the court her* to 

sam e term and for """;""', , ~ ,- thc . parish of Keot, m the 
rtanda | ^I"' 1 ', ' • 1 ■ ^affected to -said 

W ':'^: :™-- '"' ft »rfooi™H^ 

,,,>,. a i)i ii. >yi-. ntendine 1" v«-x. molest, and 

- r,factioUsly,andsedi1 ; "I' •- aml . 

disturb the peace and eommon ranqju I ^ J lurd u c now KlI11 , ;i , 

:■:; r^-kro^s and suspicions in th, 
his government and to, c .u g J ^ c0|icermng thc 

-le and £ S „flTLid lord the Kin-, and of the 

'^"e^lrslllordth^ingwith- 

T^dJo ^r, for performing, perfecUM, 

;■; ;, ,Z uUd contrivances and intentions, on the 

n f TuTv tatbe eighth year of the reign ol our sovereij 
of July, in tneeig ( m th „ 

lord ^ ontemptuo,, ciously, 

county '. , , ' Peter Markee, being one ot 

factious!, • ' -;y ^K^TeS and inhabiting 5 within 

the subj« i ! ° r ^ 1^ ^nd^vorecl to persu.de *and - 

;^;;:, ^TLl viola* the allegiance 

duce the said 1 etei Mariro ■ d thcre re _ 

-nich he owed tc > oux -«dtori !■-.,,- fcdl ^ ^ 

i( p.i,rMrkee to subscribe his nam, 

Buadmgh M^kee that the «me 

thereto; thenandther. rtaung xo ■ o(hers reslding 

«? r/lS'iffi— i tfpSS afofesaid, and county afore- 
in t heMadawaska settieme "' h Ascribed the same pa- 

said, with an intent thereby^bm, British officer, civil or 

pe; ,,n. ; ano!,-: ttia force among them 

military, d not to allow the isriusn ia v i n the parish 

•;: •';,;;:,, and' then- 

aforesaid and count] ^meaning the government ol 

- Uy over thc 

our said lord the King, had no right to exer« £ overnme n1 of the 
inhabitants of the said *ttlemen£ ^ that* ^Baker.and 

1 ^ th -., , hen doing: And 

■ he, the said John Baker, (U8 intentions and designs afore- 

^VofthesamemonAof 

{ aforesaid, in the county afore- 

July, in the year afoi ist -man then and there 

j H^MaUy's mail to Canada, in 

i, ' iai '" -,; ', the vni,'- mail, he the said John 

j hi 8 journe 3 with the ^same ' „ .. , 

here declaring, with a oudvo^in^ d 

! ' . , '..^mrou.btlJpart 

, ;_ .... .. ..eeiv.d 



25 [ 130 ] 

orders from the said government of the United States to stop the con* 
reyance of the said mails through the same: to the derogation, great 
damage, diminution, and prejudice of our said lord the King ami his 
prerogative, in very great contempt of our said lord the King and his 
laws, to the evil example of all others in the like case offending, and 
against the peace of our said lord the King, his crown, and dignity. 

Whereupon the said Attorney General of our said lord the King, who 
for our said lord the King in this behalf prosecutes for our said lord 
the King, prays the consideration of the court here in the premises, 
and thai due process of law may be awarded against the said John Ba- 
ker, in this behalf, to make him answer to our said lord the King touch- 
ing and concerning the premises aforesaid. 

fSigned] T. WETMORE, 

,ltVy pro Dom. Res;. Geo. 



No. 3. 

f-Jopies of Report of Justice Morehouse, and other documents relat- 
ing to the riot and rescue of James Bacon. 

Kext, 22d August, 1827. 

Sir: A few days subsequent to my inquiries into the late conduct 
of American citizens in Madawaska, application was made to me by 
one Phineas R. Hofford, for a capias to hold James Bacon, one of the 
ringleaders in their refractory conduct, to bail for debt. I issued the 
writ, and the constable Joseph Sanfacon has this day made report to 
me that he served it on Bacon, but that Bacon was rescued ami taken 
out of his hands by a party of Americans, about twelve in number, al] 
armed with muskets and swords, who ordered him to go about his 
business, and threatened to take his life if he returned, as well as the 
person who applied for the writ; thus putting in execution their 
threats, that they would not allow the laws of England to be put in 
force amongst them. From this flagrant conduct of them, I shall ool 
itteinpl to issue any more writs against them, until they are reduced 
and compelled to adopt a more friendly line of conduct towards us, as 
I conceive that sending constables among them will be running an un- 
• i v risk of their lives. 

I have the honor to be, 

Sir, Your most obedient servant, 

[Signed] GEORGE MOREHOUSE. 

Thomas Wetmore, E 



[ 130 ] m 

New Bruicswk k, 

YoKK. >-. 

Joseph San fiic on, of Madawaska, and one of the constables of the p* 
rish of Kent, in the county of York, and province of New Bruns- 
wick, maketh oath and saith: That having a capias to hold to bail 
James Bacon, a American citizen, residing in Madawaska, at the suit 
of Phineas Reynold Hbffordj deponent proceeded for that purpose to 
the resi lence of the said James Bacon, in Madawaska, on the morning 
of the eleventh of Augusl last, between the hours of seven and nine 
o'clock. A. M. when deponent took the said Bacon prisoner, and de- 
manded bail. Thai Bacon declared he would not submit to the author- 
ity of thai writ: but, immediately, sent a man to bring; John Baker, and 
others, to rescue him. That the said John Baker, an American citi- 
zen, resident there, came armed with a sword, and with him a party 
of men, American citizens, to wit: John Schoedder, armed with a 
musket, Walter Powers, Nathaniel Bartlett, Daniel Savage. Isaac 
Jones, and John Baker, Jr. all armed with clubs, as well as others, 
American citizens, unknown to this deponent. That John Baker. 
Nathaniel Bartlett, and Daniel Savage, acted as leaders in the fray, 
and encouraged the others to assist in rescuing Bacon; that they de- 
manded of deponent to give up his prisoner, and on his refusal so to 
do, stepped forward and by force took him away; at the same time 
they formed a ring, putting Bacon in the midst of them, and declaring; 
that if it was a writ from the United States they would submit to its 
authority, but that they had bound themselves not to submit to the 
laws of England. 

That John Baker addressed himself to this deponent inmost violenl 
language, threatening to take his life for attempting to serve that writ, 
when tins deponent finding any further attempts to do his duty use 
less, desisted, and went away. 

[Signed ] I 3EPH Sam mjos 

Sworn before me, al Kent, this) 

9th da} of November, LS27. $ 
[Signed] ige Mob 

Just ice of the P< 



York, ss. — 

Phineas Reynold [lofford, of the town or parish oi Kem, in the 
count) of York, maketh oath and saith, that James Bacon, of the town 
or parish of Kent, in the said count) of York, is justly and truly in- 
debted unto this deponent, in the sum of li\ e pounds o( lawful money 
of New Brunswick, over and above all discounts; and that he, the said 
.lames Bacon, is about to abscond or depart from this county, as he the 
deponent is informed, and verily believes; and that he, the deponent, 
will be in danger of losing bis said debt, unless the said debtor be held 



27 [ UO ] 

iO bail for the said sum, so due as aforesaid, in an action which the de- 
ponent is now about to commence for the recovery of the same. 

[Signed] PHIXEAS R. HOFFORD. 

Sworn before me, this 9th > 
day of August, 1827. 5 

[Signed] George Morehouse, 

Justice of the Peace for the Count)/ of York. 



York, ss. 

l.s. 5 George Morehouse, Esq. one of His Majesty's Justices o? 

the Peace, in and for the county of York: 

To either of the constables of the town or parish of Kent, in the said 
county, greeting: You are hereby commanded to take James Bacon, 
if he shall be found in your parish, and him safely keep, so that vou 
may have his body before me, at nry office, in Kent, in the s;iid coun- 
ty, on day, the day of August, to answer Phineas Reynold 

Hotford, in an action for debt hi the sum of live pounds, and have you 
then there this precept. 

Given under my hand and seal, at Kent, this 9th day of August, 
in the year of our Lord one thousand eight hundred and 
twentv~seven. 
[Signed] GEORGE MOREHOUSE, 

Justice of the Peace. 
Take bail for £5.. CO. 



No. 4. 

Information and process against John Baker, for trespass and 

intrusion. 

In the Supreme Court. Exchequer side. 
YORK, to wit: 

Be it remembered, that Thomas Wetmore, Esquire, Attorney 
General of our Sovereign Lord the King for this His Majesty's Pro- 
vince of New Brunswick, who prosecutes for our said Lord the King, 
comes in his own proper person into the Court of our said Lord the 
King, before the Justices of our said Lord the King at Fredericton 
on the seventeenth day of September, in the eighth year of the reign 
of our Sovereign Lord the now King, and for our said Lord the Kino- 
gives the Court here to understand, and be informed: That whereas 
a certain tract orparcel of land, situate in the parish of Kent, in the 
county of York, in the said Province, and lying on both sides of the 
river St. John, between the mouth of the Madawaska river and the 
river St. Francis, and containing in the whole fifty thousand 
acres, in the hands and uos<<'ssion of our said Lord the King, on 



[ 130 ] 28 

the first day of February, in the first year oi' his reign, and befoi 
continually after, was and of right ought to be, and yet ought to be, in 
the rigid of his Imperial Crown of the United Kingdom of I 
Britain and Ireland, and as part of the Dominions of our said Lord 
the King in this Province,' and for so long a time as there is no re- 
membrance of any man to the contrary, has been in the possession of 
the said Lord the King and his predecessors, the Kings and Queens of 
Great Britain and Ireland, and a part of the dominions of the said 
Crown. Nevertheless one John Baker, of the parish aforesaid, in the 
county aforesaid, farmer, the laws of the said Lord the King in no 
wise regarding, but intending the disherison of the said Lord the King 
in the premises, on the first day of February, in the second year of 
the reign of our said present Sovereign Lord the King, and on divers 
days and times before and since, with force and arms, and without any 
lawful authority, in and upon the possession of the said Lord the King 
of apart of his said lands, to wit: One hundred acres thereof lying on 
the westerly side of the Land Turtle, or Mereumpticook riv. r, a 
branch of the said river Saint John, at the parish aforesaid, in the 
county a fort said, intruded and entered* and erected and built thereon 
a certain house, and other edifices, and cut and felled divers, to wit, 
five hundred timber and other trees thereon standing and growing, of 
the value together of one hundred pounds, and took and carried away 
the timber and wood arising from the said trees, and of his own will 
disposed thereof, and the issues and profits of the same land coming, 
received, and had, and as yet doth receive and have, to his own use, and 
still holds and keeps possession of the same lands. And the said tres- 
pass aforesaid hitherto and yet continuing to the great annoyance of 
our said Lord the King, in contempt of our said Lord the King, and 
contrary to his laws and against the peace of our said Lord the King: 
Whereupon the said Attorney General of our said Lord the King, for the 
said Lord the King, prays the advice of the Court here in the premises. 
And that the aforesaid John Baker come here to answer the said 
Lord the King in the premises. 
[Signed] 

T. WETMORE, Attorney Gtn'l. 



George the Fourth, by the Grace of God, of the United Kingdom 
[l. s.] of Great Britain and Ireland. King, Defender of the Faith. 
&d. to John Baker, Greeting: 

We command you, firmly enjoining that laying aside all excuses 
whatsoever, you be in your own proper person before the Justices of 
our Supreme Court of Judicature for our Province of New Brunswick, 
at Fredericton, on the second Tuesday in October next, to answer to 
us of and concerning certain matters which on our behalf shall 
be then and there objected against yon. And this you are by no 
means to omit, under the penalty of one hundred pounds, which we 



29 [ 130 ] 

will cause to be levied on your goods and chattels, lands and tene- 
ments, 1<> our use, u you neglect to obey Ibis our present command. 
Witness: JOHN SAUNDERS, Esquire, our Chief Justice 

at Frcdericton, the seventeenth day of September, in the eighth year fit 
our reign. 

By ihe Justices. 
[Signed] PUTNAM. 

[Endorsed] 
At the suit of the Attorney General lor trespass and intrusion on Ihe 
Crown Lands. 

T. WETMORE, Attorney Gen'/. 
nth September, 1827. 



No. 5. 

Correspondence, fyc. relating to the intrusions of Nathan Baker 
and others, in 1818. 

St. John, 2Mh December, 1818. 
Sir: Some short time since, the enclosed letter was forwarded to 
me by the honorable Judge Bliss, from a Mr. Du Perree, at the Grand 
Falls, stating that some Americans had recently set themselves down 
at the Madawaska settlement, on the plea that the ground belonged to 
the United States. 

A copy of Mr. Du Perree's letter has been shown to our Minister at 
Washington, by Col. Barclay, and I now send you a copy of Mr. 
Bagot's communication on the subject, and from a consideration of 
which I have to request that you will take immediate steps to get more 
particular information from Mr. Du Perree, and further act in the 
affair as you may judge legal and expedient. 

I have to request to be acquainted, from time to time, as to the 
exact state of this transaction. 

I have the honor to be, 

Sir, your humble servant, 
[Signed] G. S. SMYTH. 

The Hon. Attorney General. 



Washington, December 8t h, ISIS. 

Sir: I received on the 4th your letter of the 2d instant, and hav< 
since had an opportunity of speaking upon the subject of it with Mr. 
Adams. 

From my conversation with him, I have every reason to be assured 
that the American government will readily take whatever measure 



[ 130 ] JO 

may he necessary to prevent the occupation of American citizens of 
any part of the territory^ which, until oth< rwise decided by Ike Com- 
missioners of Boundary, is considered to be ours; Iju> Mr Adams ap- 
pears to think thai the persons referred to in Mr. Du Perree's letter to 
Judge Bliss, are, in reality, what are called squatters, and must be 
dealt with accordingly. 

In this view of the subject, it appears to me that the Governor of 
New Brunswick need not scruple to displace them, by whatever is the 
ordinary process resorted to against persons of this description; and if 
their names can be .ascertained and communicated to me. this govern- 
ment will not delay to request the Governor of Massachusetts to take 
such steps in respeel to them as may depend upon. him. 
1 have the honor to be, 

Sir, \ our most obedient servant, 

[Signed] CHARLES EAGOT. 

Colonel Ijarclay- 



Hon. J. Murray Bliss: 



[translation. J 

MadawAska, Sth September, 1818. 



Sjx: After paying you my best respects, I shall be very glad 
if our jurisdiction he enforced as usual in Madawaska, because there 
are several American families arrived amongst us from the Kennebeck 
river, who would induce many of the inhabitants of this district to 
believe that the jurisdiction of the United States is in force, and that 
of New Brunswick not, which I do not believe; and I hope thaJ your 
honor will be pleased to have me in your consideration relating to 
this matter. 

I have the honor to he, 

Sir, your obedient servant, 

- rned] P. DU PERREE. 



Fredkkicton, Qth January, 1819. 

Sir.: Your letter to the honorable Judge Bliss, of the 5th of last 
September, stating "that .some Americans had recently set themselves 
down at the Madawasha settlement, on the plea that the ground belonged 
to the Tinted Slates," having been sent by him to his Excellency the 
Lieutenant Governor, and a copy of it shown to his Majesty's Envoy 
to the United States, and a conference had thereon with the Secretary 
of State of that government, I have received the Lieutenant Governor's 
commands to get more particular information from you on the subject, 
and to teps in the affair as may be legal and expedient. I 



» [130] 

must, therefore, requesj that you will, as soon as possible, inform me 
oi the nam.. s of any American citizens who have wilhin the last eighl 
months taken up their residence in the Madawaska settlement, or m> 
where m the neighborhood of it, to the westward of the line of expert 
raent lately run across the river St. John, and the particular p! 
where they may have set themselves down, and the time when and 
Whether on unwanted lands or lands bough: from individuals, and from 
whom; and, also, whether any surveys have been lately made by any 
American surveyors on the .Madawaska or St. John rivers, to the w< -"- 
ward of the said line. In short, I must beg of you to give me 
fullest and most particular information of any attempt that lias been 
since the running of that line, made by any Americans to encroach 
upon that part ot his Majesty's territory; for, until it is otherwise 
cided by the Commissioners of Boundary, the whole of the river Si 
John, and of course the Madawaska river, must be considered as be- 
longing to his Majesty. 

I am, Sir, your most obedient servant, 

[Signed] THOMAS WETMORE, 

T r - • Ittorney (lateral. 

lo Capt. Peter Du Perree, 

Madawaska. 



Madawaska, 20th February, 1819. 
.Honored Sir: In answer to your letter of the Sth January, I have 
sent you a particular account of the Americans who have taken up 
their residence in the Madawaska settlement. Captain Nathan Baker 
came to Madawaska twelve months ago. At that time he wished to 
introduce the laws of the States; brought a magistrate along with him 
from the States to form a corporation, and desired my concurrence J 
told him I would have nothing to do with such matters before the line 
was settled between the British government and the States^ I likewise 
told the rest of Hie French settlers to have nothing to do with him about 
such matters, which they did. In August last, he brought his wii 
family from Kennebec k river, and took up his residence in the uppei 
settlement ot Madawaska, and built a house. In the beginning of Oc- 
tober he began to lumber, and with five men. took a range for wood 
through ten lots, on all which there are settlers, and 
established fifteen years ago, and have made considerable improve 
ments. Some of the inhabitants forbad him to cut wood upon then 
lots ; he said it did not belong to them, but to the Stales. He has 
already about ten or twelve hundred tons of timber, a great pari ol 
which I saw, on the 19th February, upon the banks of the rivi 
John, on the north side. H e appears to me to be a man who 
much upon him. In Augusl last, Captain Flecher erne from the 
States, and entered into partnership with him m the himber trade 



[ 130 ] i 2 

John Ilertbnl came from the Slates with Ins wile and famih al ttie 
same time, and took up his residi nee in the upper settlement of Mad- 
awaska, built a house, and is carrying on improvements on his land. 
Likewise his son George Herford, with his wife and family, settled 
beside his Gather, and built a house, and improving his land. Aboui 
three months ago they came down to make shingles, at the mouth oi 
the Madawaska river, upon the land belonging to the Indians, but will 
return to their settlements when the river opens, to plant. In the 
last of September, Esq. Johnson's son, one of the American survivors, 
made a survey upon the north side of the river St. John, beginning at 
the mouth of the Madawaska river, up to the river Saint Francis ; In 
measured the French's settlement at the same time. W you want any 
more information respecting these or other matters, I shall be happy to 
give you all the information in my power. 
I am, honored Sir, 

Your most obedient servant, 

P. DU PERREE. 
Captain of the Militia 
Thomas Wetmore, Esq. 

attorney General, Frederic ton. 



No. 6. 

tetters to Sheriff Miller ; report to the Lieutenant Governor : and 
His Excellency's approval of the course pursued by the *lttor- 
ney General. 

Kingswood, 13th Septetnber, 1827. 

Sir: I pon my arrival here last night, I was much surprised and a 
little alarmed at, the intelligence I received, of the manner in which 
the sheriff had commenced his journey up the river, to perform the 
service required of him in regard to the execution of process on the 
.Madawaska intruders; and I this morning early despatched my son 
Robert, in pursuit of him with a letter, of which I beg to trouble 
your Excellency with a copy. That letter reached him at the distance 
of about eight miles from town. The effect it produced, will appear 
bv the certificate thereon endorsed. 

A few moments' consideration led to the conclusion that my dut\ 
was not discharged, until 1 had used my utmost exertion to pal a stop 
to Iheexecution of a project, which I was very apprehensive might pro- 
duce serious mischief, and great I \ embarrass your Excellency , in anj at- 
tempt at explanation, why, instead of only two or three attendants, 
the sheriff should have proceeded with a party of sixteen men, armed 
and equipped as a military body. 1 therefore wrote another letter to 



33 [ 130 ] 

the sheriff, which overtook him at the distance of about twenty-two 
miles from town. To a copy of that letter and the certificate there- 
under written, I crave leave also to refer your Excellency. 

The sheriff intends, as my son informs me, to proceed in the morn- 
ing, on horseback, in the way pointed out in my letter of the 7th 
instant 

The steps which I have taken, although they may be disapproved 
of by some, will, I hope, be considered by your Excellency, to be 
such as could not have been omitted, under existing circumstances, 
without a neglect of my duty. 

I have the honor to be, with great respect, 

Sir, your Excellency's most obedient, 
And very humble servant, 

[Signed] T. WETMORE, 

rfttorjiey General. 
His Excellency, Sir Howard Douglas, Baronet, 

Lieutenant Governor, and Commander in Chief, fyc. See. 



No. 7. 

Copies of letters relating to the conduct of John Baker and others 
and directing an inquiry into the same. 

Kixgswood, 13/A September, 1S27. 

Sir: Being informed, upon my arrival last night from the city, that 
you had, contrary to the direction contained in my letter of the 7th 
proceeded on your journey up the river with a posse from Frederic- 
ton, to execute the process which Mr. Justice Morehouse is requested 
to issue against Baker and two others, I have considered it a matter of 
sufficient importance to despatch my son express after you, with this 
my protest against that measure, or any other deviation from his Ex- 
cellency's commands, as expressed in that letter, which has received 
his entire approbation. Two attendants will be amply sufficient, and 
better than three; and those not armed in any unusual way. The pro- 
cess is to be executed in the usual and ordinary manner, and it is com- 
mitted to you to induce a ready submission to the laws, when carried 
into execution by an officer of your rank: and if you make any parade 
of force, until after you meet with opposition and resistance, you will 
incur his Excellency's great displeasure. 

I have the honor to be, Sir, 

1 our obedient servant, 

T. WETMORE, 

Mr. Sheriff Miller. Attorney General. 



[ 130 ] 34 

[Endorsed on the preceding.] 

1 ■■'/' September, 1827. 

I do certify thai I did, this day, deliver to Mr. Sheriff Miller, a let 
ter, of which this is copy; and at the same time intimated, that his 
proceeding upon his expedition with so many attendants, and in such 
a manner, would be acting in direct violation of his Excellency's com- 
mands; ana that it musl be upon bis own responsibility. 

UK ,v|m\ to me svas, thai he had taken the advice of the Council: 
and that, at all events, he would not now return. 

T. R. WETMORE, 
Clerk to the Attorney General, 



Kingswood, 13th September, 1827. 

Sir: Finding from my son's report to i ie, that you are determined 
to act in opposition to the wishes and commands of his Excellency, the 
Lieutenant Governor, in the business which has been the subject of 
my letter to you of this morning, it becomes my - sable duty 

to require that you return to me by the bearer, the despatch which 1 
intrusted to your care, addressed to Mr. Justice George -Morehouse, 
in my letter to you of the 7th instan ; as all further proceedings in 
the affair must be suspended, until his E - *> pleasure shall be 

known in regard to the extraordinary course you are pursuing, of 
which I shall make an e report 

If you withhold that le ter after this requisition, you will reduce 
me to the necessit} pi • g an express to Mr. Morehouse, to coun- 

termand the directions 1 ontai ed. 

1 have the honor to be. Sir, 

Your obedient servant, 

T. WETMORE, 
Edward Win-slow Miller, Esq., Attorney General. 

i § h ■■ it riff of York. 

P. S. — As it is ! - lency's wish that no time should be lost in 

performing thtr sen e in which you are dow engaged, you are at 
libertj to proce< I, upon condition only that you take with. you but 
. and it ippears to me thai wore you to go on horse- 
back you would execute the duty in one-fourth of the time. 

T. W 



[ Endorsed upon the preceding lrtter.~\ 

Mr. Sheriff Miller, upon Beeing me, having concluded immediately 
to reti having anticipated the nature of my errand, I deemed 

it unnecessary to deliver him the despatch of which the preceding is h 



35 [ 130 ] 

copy; but read to him such parts of the same as wore necessary for his 
information, particularly the postscript; by which he was at liberty to 
retain the despatch to Mr. Justice Morehouse, upon the condition there- 
in slated. T. B. WETMORE, 

Clerk to the Attorney General 



Saint John, September 18M, 1S27. 

Sir: lam commanded by his Excellency, the Lieutenant Governor, 
to acknowledge the receipt of your letter of the 13th instant, and its 
several enclosures, reporting to his Excellency the manner in which 
the Sheriff of York county had commenced his journey up the rh er to 
perform the service required of him, in regard to the execution of pro- 
cess on the Madawaska intruders. 

His Excellency desires me to convey to you his Excellency's entire 
sanction and approbation of the course you have pursued, and of the 
directions which you gave tlie Sheriff, on this occasion, who would 
have incurred his Excellency's most severe displeasure h h persist- 
ed in the manner of proceeding, in which it appears he had commenced 

his journey. 

I have the honor to be, Sir, 

Your obedient, humble servant, 

C. DOUGLAS, 

Private Secretary 
The Attorney General. 



Fredericton. 31st July, 1827 

Sir: Your letter of the 26th to the Provincial Se< retaiy, inclosing a 
letter from Mr. Francis Rice to you, dated 25th instant, having 
referred to me by his Excellency the Lieutenani ( pernor, with di- 
rections to procure the necessary affidavits of the facts stated by Mr. 
Rice, I must request you will be pleased, with the least possible delay, 
to proceed to the place, and possess yourself of the best proofs of the 
conduct of Baker and others, which you will forward to me under 
cover to the Secretary. I send herewith a copy of Mr. Rice's letter 
for your guidance. 

You will be particularly careful to ascertain, if possible, whether 
Baker is acting under pretended authority or not; and procure, if you 
can, a copy of the paper which has been offered for signature. 

Should Baker or any other person use any violence or force to ob- 
struct the post, you will of course consider it your duty, upon r< i 
ing the complaint under oath, to cause the offender to be arrested and 
committed to gaol, unless he gives sal - irity for his appear- 

ance at the next Supreme Court, to answer to the charg 



[ 130 ] 3b 

I must beg you will furnish me with a sketch or general description 
of the lands which Boker or any other American citizen is in posses- 
sion of, in the neighborhood of Madawaska, and the length of time 
they have possessed the same. 

I have the honor to be, Sir, 

Your most obedient servant. 

T. WETMORE, 

Attorney General. 
George Morehouse, Esq. 



No. 8. 

Copies of Justice Morehouse's report, with affidavits of Peter Mar 
kce and others, and a list of American citizens settled in Mada- 
waska. 

Kent, 26M July, 1827. 

Sir: I have the honor to enclose ;i letter addressed to me by Mr. 
Francis Rice, Adjutant of the Madawaska militia, by which you will 
see the American subjects residing in that settlement are disposed to 
acts of aggression, which his Excellency may think proper to take 
measures to put a stop to. I therefore request that you will lav this 
before his Excellency for his consideration. 
I have the honor to be, Sir. 

Your most obedient humble servant, 

GEORGE MOREHOCSI 
W. F. Odell, Esq. Sec. &c. &c 



Guam* River, Madawaska, 25th July, L827. 

Sir: 1 laving commenced, Saturday, 21st inst. the militia company 
training, and finding some disorder amongst the people, occasioned by 
Baker and others in the upper settlement, I find it my duty to let 
you know as much as I am informed concerning them. In the first 
place, they have a written document, wherein they say they have au- 
thority from the States, to have it signed by the French people of Ma- 
dawaska. This they have proposed to many of the inhabitants, and I 
am sorry to say. they have persuaded some of them to sign it — the 
name of one of the signers is Abraham Chamberland. Baker is the 
head man. All this can be proven by oath. In the second place. 
Baker met the postman, and asked him what he had got with him; 
he told him it v. as the Province mail. Then Baker told the post, that 
he had orders from the States to stop it. The man told him, that 
if he was a I etter man than him. to try and take it. Baker answered 



31 [ 130 ] 

and said, he would let it pass for this time; but, at a future period, he 
would put his orders in execution. 

Sir, if tliis Baker and others is not stopped immediately, they will 
corrupt a great pari of our militia. You have heard of the Liberty 
Pole they have raised in this settlement. I need not give you any in- 
formation as to that any thing strange that may happen in this plaee. 
I will trouble you with, ihe shortest notice. 

I am, Sir, with greatest respect, 

Your humble and obedient servant, 

FRANCIS RICE, 

. Adjutant. 

New Brt->-swick, York, ss. 
William Feirio, of Madawaska, in the Parish of Kent, County of 
York, and Province of New Brunswick, ihaketh oath and saith, that 
by an invitation from John Baker, an American citizen, who resides 
in Madawaska, he, the deponent, went to the said Baker, on the fourth 
day of July last, one thousand eight hundred and • twenty-seven; that 
Baker and the other American citizens then raised a flag staff, and 
placed the American flag thereon; that the said Baker then declar- 
ed that place to he American territory, which he repeated to this de- 
ponent and other French settlers then there, and that they must, for 
the future, look upon themselves as subjects of the United States, who 
would protect them, and him in what he was doing. 

his 
WILLIAM X FEIRIO. 
mark 

Sworn before me, at Madawaska, in Kent, this 8th dav of August. 
1S27. 

GEORGE MOREHOUSE, 

Justice of the J'racc 



New Brunswick, York, ss. 
Peter Sileste, of the Madawaska settlement, in the Parish of Kent, 
and County of York, in the Province of New Brunswick, maketh 
oath and saith: That on the 18th day of July, one thousand eight hun- 
dred and twenty-seven, as this deponent was proceeding up the river 
Saint John, in charge of the mail for Canada, one John Baker, an 
American citizen, who resides in Madawaska, met him near the Cha- 
pel, when the said Baker demanded of this deponent what he had in 
his canoe; on being told by this deponent it was the mail for Canada, 
the said Baker then declared, that England had no right to send her 
mails that route, and that he (Baker) had received orders from the 
Government of the United States to stop them; but on the deponent's 



[ 130 ] 9* 

■ax ine thai ho should not have that mall without he was a hotter man 
than deponent, he (Baker) said .1 migh.1 pass for -that time, tefbrlte 

future i! should act, as he was determined to put the orders of his Go- 
vernment into execution. 

PETER x SILESTE. 
mark 

Sworn before me, at Madawaska, in the Parish of Kent, this 9th 
day of August, 1827. GE0 RGE MOREHOUSE, 

Magistrate for the County of York. 



New Brunswick, York, ss. 
Abraham Chamberland, of the Madawaska settlement, inthe Parish 
,fient and County of York, in the Province of New Brunswick, 

mak H oath and saith: That on or about the fifteenth day o July, one 
Sousand eight hundred and twenty-seven, one Charles Studson, an 
American citizen, residingin Madawaska, presented a written paper 
toTponen" and asked Inn, to sign it; that deponent asked him the 
contents of the said paper, when the said Studson informed him tht, 
bv that paper, they bound themselves to oppose the execution ot the 
iLs of England amongsl them in Madawaska, and that his Govern- 
„c»t. he 'United States, would protect them in what they were do- 



ing. , . 

hi* 



ABRAHAM x CHAMBERLAND. 
mark 



Sworn before mo, at Madawaska, in the Parish of Kent, and Coun- 
ty of York, tins 7th day of August, 1827.^ ^^^-^ 

Justice of the Peace for the Comity of York. 



Ni.w Bri V- v. 11 k, York, ss. 
PptPr Markee, of the Madawaska settlement, in the Parish of Kent, 
and County ,f York, in the Province ol New Brunswick, maketh oath 
^dS&atonoVabo^^ 

eight hundred and twenty-seven, three persons, John Baker James 
sfcon and Charles Studs,,,,. American citizens, residingin the Mad- 
fwaska settlement, can,, to tins deponent, and presented a paper 
him to sign his name thereto. That on deponent askingthem the con- 
tents ofitfthey declared that il was a document drawn up by hem and 
- hiding in Madawaska, th, infc ntion of which was. that they 



W [ 130 ] 

bound themselves to defend each other against any act of a British 
olhcer, civil or military; that they did not Intend to allow {he Brifth 

tZ S t ° Vv l n l0rCC am ° ngSt them ' in lhe Madawaska settlement 
featthe Bnush government had no right to exercise any auSS 

the tinted States would protect them in what they were doing. 

his 
PETER x MARKEE. 
mark 

A^l h S2° 7 re me ' ^ KCnt ' ln the C ° Unt - V 0f YbTk > lhis 7th day of 

GEORGE MOREHOUSE, 
Justice of the Peace for the County of York. 



t< ait ^ Kent, August 11///, 1827 

Ihomas Wetmore, Esq. > «*/. 

Sltfof ^* 01 VP ]l * nce :f h your request, contained in your letter of the 
31st of July, I proceeded without delay to Madawaska, to inquire into 
the conduct of Baker and other American citizens in that se tlemen 

Slotmg're^ort- **"*"• °' ^'"^ l "* J ^ * -« 

After getting the affidavits of some of the French settlers, I went 

up the river to where there is a settlement forming by Americans and 

endeavored to get in my possession the paper which had bee offcr- 

dl'reZff'^ 1 f ° Und that qUitC ° Ut **> q UeSti0 «J thoy p „ - 
cdly refused to let me see it. As soon as it was known that I was in 

thy settlement Baker and others hoisted the American flag Ja to" eo 
of defiance; I ordered him to pull it down, but instead offomplyW 
Baker, as their organ, made the following declaration- ° m M xn ** 

That they had hoisted that dag, and they had mutually entered into 
a written agreement to keep it there, and that nothing but a foTce su- 
perior to then- own should take it down. That thev considered and 
had a right to consider themselves on the territory of the United 
States, and that they had bound themselves to resist by force the exe 
cution of the laws of Great Britain amongst them; and that 
had a right to expect and would receive the protection and support ci 
their government in what they wore doing support ul 

,jL SQ nT thC ^Sin question was first raised on the 4th of July last 
vi hen Baker, a few days previous, personally invited the most of the 
French settlers to join them in that act; but I am happy to have it in 
my power to say that but few complied. 

i \ &0 ^^ B y are using every argument to induce the French neonle to 
declare themselves American subjects, and I fear if thoifeC Tare 

IfrSt ° ;,1,Cr ' th r V ^^tuajly succeed in their ,1 ■ '. 

T , nd <he,r msmuations have already had I to throw S of 



[ 130 ] 40 

the people in doubt whether they are to consider themselves British 
or American subjects. And I trust that His Majesty's government 
will speedily take such measures as will convince the French settlers 
of Madawaska, that the Americans have no right to act as they do, and 
crush this banditti, for I feel convinced, that unless this transaction 
is promptly followed by some other to suppress them, that the French. 
it is more than probable, will shortly consider us the intruders. 

I herewith send the affidavits of the postman whom Baker was said 
to have stopped, which will show what passed between them; also a 
list of American citizens settled on the river St. John above the French 
settlements. 

I have the honor to be, Sir, 

Your most obedient, 

GEORGE MOREHOUSE. 



I 



List of American Citizens in possession of lands in Madawaska. 

Quantity, <Vc. 

James Bacon, on the lower or south-east side of the Mereumpticook 
creek, fronting the river St. John, 100 acres, deeded to him in 1825., j 
by James Irish and George W. Coffin ; settled nine years. 

John Baker, on the upper or south-west side of the creek, 100 acres, 
deeded to him by Coffin and Irish ; settled nine years. 

Charles Studson, joining Bacon, on the lower side, 100 acres ; set- 
tled three years. 

Mathias Acorn, joining Baker, on the north-west, settled one year ; 
in possession of 100 acres. 

John Scheodder joins Acorn on the west, in possession of 100 acres ; 
settled two years. 

Stephen Grover, joining Scheodder, on the west side, one year settled', 
one hundred acres. 

John Ilofibrd, about two miles above Grover's, settled ten years. 

Oakes, about three miles above the Mereumpticook, on the south-west 
side of the river St John, in possession of 100 acres; three years settled, 

John Hoflbrd, about five miles above Fish river, 200 acres ; settled 
ten years. 

Fish river empties into the St. John, on the south-west side, about 
five miles above the .Mereumpticook. 

John Hofford, junior, joining the last mentioned, on the west side, 
100 acres : settled one year. 

Samuel Hofford joins John Hoflbrd, junior, on the west; settled one 
year ; 10<> acres. 

Phineas Reynold Hoflbrd joins Samuel Hoflbrd, on the west side ; 
settled nine years. 

[saae Jones, in possession of an island about eight miles above Fish 
river 



41 [ 1 JO ] 

Jacob Goldthrite, in possession of an island lying near that in pos- 
session of Isaac Jones. 

David EBansey, in possession of a lot about five miles above Pish 
river; two years settled. 

Nathaniel Bartlette and David Savage, jointly, in possession of 500 
acres, at Fish river, the lands on which the mills are built, and that ad- 
jacent. 

P. S. The Mereumpticook is a creek or small river; empties into 
the river St. John, on the east side, about fifteen miles above the Mad- 
awaska river. GEORGE MOREHOUSE 



No. 9. 

Copy of Justice Morehouse's report to the Attorney General, and 
of the affidavit of MrXicl, the constable, relating to a riot and 
rescue, $c. on the river Restook. 

Kent, 20/ h September, 1S27. 

Sir : Stephen McNiel, one of the constables of Kent, came be- 
fore melius day, and made a deposition respecting the treatment lie 
has met with, from the Restook settlers, in the execution of his duly 
as a constable. He had a writ against the property of one Joseph Ar 
nold, a Restook settler, which he served, and was proceeding down 
the river with the property levied on, and was overtaken by a party 
of the settlers, armed with fire-arms, when they took him prisoner, 
and rescued the cow; (the property by him taken:) they kept him a 
prisoner during the night, and threatened him, that if Johnstone, 
their magistrate, (nominated by themselves,) would give a mittimus. 
they would carry him a prisoner to some of the jails in the State of 
Maine. They despatched a messenger to him, (Johnstone.) and ii 
seems he would not comply with their demand. The} - then released 
MeXicl and sent him off, declaring that they were An erican citizens, 
and they would not allow the laws of Great Britain to be put in force 
against them or their property ; and that they would take the life of 
any sheriff or constable that should attempt to come amongst them again. 
In consequence of this outrageous and high-handed conduct of theirs, 
I shall desist from sending any constable amongst them, until I hear 
from you on the subject. Their names ate given in McNiel's de; 
tion. The most of them are British subjects, removed from difien ni. 
parts of this province, to the Restook. JUalton, Stewart and Morton, 
are known to !>-■ American citizens. 

I beg you will be pleased to lay this before his Excellency, the 1 , 

ant Governor, lor his consideration. 

I have the honor to be, 

Sir, your mOSl obedient ■ 

[Signed] ' GEORGE MOREHOUi! 

Wjl LTAlfl P. ' !l '-. 



[ 130 ] 4!2 

Yor.K, to toil •' 

Stephen McNiel, one of the constahles of the parish of Kent, iu 
the said county of York, maketh oath and saith. That on Monday, the 
17th day of this present month of September, L827, he proceeded up 
the Restook river, to serve a writ on Joseph Arnold, and also to seize 
property of the said Arnold. That having taken, by virtue of the 
said authority, a cow from him, proceeded down the river to \\ illiam 
McCrea's, where he put up for the Right That between the hours of 
and nine o'clock in the evening, thirteen men, (settlers on the 
Restook,) armed with fusees, followed, and there overtook deponent, 
when they demanded of him to restore the cow, and give himself up 
as a prisoner, which he was compelled bo do. That they then sent 
oil' two of their party to collect more of the said settlers to their assist- 
ance, and also to bring to them one Lewis Johnstone, whom they 
said to deponent that they had nominated a magistrate, and that if he 
would give a mittimus to carry him to jail, in the State of Maine, 
they would carry him there; but Johnstone refusing to do so, they 
then released deponent, and desired him to go home, and at his peril 
never to come there as a constable again, nor any other person under 
the authority of the British law*, as they considered themselves Amer- 
ican subjects, and were determined to not submit to the laws of Eng- 
land, but would resist them by force. That the party who came 
armed against him are as follows: Joseph Arnold, William Dalton, 
Seth Stewart, Peter Bull, Joshua Christie, Thomas Bcckwith, John 
Beckwith, Ferdinand Armstrong, Thomas Feeby, William Brown, 

James R;.u, Morton, and John RafTord. 

STEPHEN McMEL. 

Sworn before me, at Kent, this 20th day of September. 1827. 

GEORGE MOREHOUSE, 

Justice of the Peace. 



No. 10. 

Copies of letters from the . Attorney General to ShcriJJ' Miller 
and Justice Morehouse, relating to the issuing and service of pro- 
cess on Bah r, J, It/con, and Sludson. 

Saint John, 1th September, 1827. 

Sue His Excellency having had under consideration your report 
to me ol the I Ith ultimo, and the affidavits accompanying the same, 
has deemed it expi die ni to direcl thai legal steps should be immediate- 
ly taken against Baker and others, for the high misdemeanor commit- 
ted by them, and thai the High Sheriff BhouJd in person execute the 
proci 



43 [ 130 ] 

1 send to you herewith, copies of the affidavits, and a warrant, which 
the Solicitor General and myself are of opinion the report and affida- 
vits will justify you in issuing. 

When the defendants are arrested, you will please to offer to take 
bail for their appearance at the next Supreme Court, to answer to the 
charge, and in the mean time to keep the peace and to be of good be- 
haviour. I think they should each be bound in £100, with two sure- 
ties, each in £50. Perhaps your accompanying the Sheriff up may 
save time and trouble to both of you. 

It will be advisable for you to renew the process which the constable 
was prevented from executing, and the Sheriff will see it duly exe- 
cuted: And perhaps you may find it expedient to issue other warrants 
against those who oppose the constable, and for other breaches of the 
peace, of which you must be the judge. 

I have the honor to be, Sir, 

Your obedient servant, 

T. WETMORE, 
Attorney General. 
George Morehouse, Esq. 



St. John, 1th September, 1S27. 
Sir: Having received the commands of his Excellency the Lieu- 
tenant Governor, to carry into effect a certain course of proceedings 
against John Baker and other American citizens, for violently oppos- 
ing and resisting His Majesty's authority and the execution of the laws 
in the upper part of the parish of Kent, and attempting to seduce His 
Majesty's subjects there to depart from their allegiance to His Majesty, 
I have written to Mr. Justice George Morehouse to issue his warrant 
for the arrest of the offenders, which warrant his Excellency the 
Lieutenant Governor now deems it expedient should be delivered to 
you, to be executed in person, on account of the resistance which it 
is supposed may be made. 

In the performance of this service it will be advisable for you, while 
acting with firmness, to be careful to use no more force than will bo 
necessary for the execution of the warrant. Two or three attendants 
will be quite sufficient to take with you from Fredericton, as you can 
obtain as much assistance as will be required in the neighborhood of 
Madawaska; and it is very desirable that the service should he perform- 
ed quietly, and with the least possible parade. 

The enclosed despatch I will thank you to deliver to Justice More- 
house, as soon as you can possibly make it convenient 
I have the honor to he. Sir, 

Your most obedient servant, 

T. WETMORE, 

• attorney General* 
Edward W. Milubb, Esq. 

High Sheriff of York 



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